New Mexico 2025 Regular Session

New Mexico House Bill HB225 Compare Versions

Only one version of the bill is available at this time.
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4545 2025
4646 INTRODUCED BY
4747 Alan T. Martinez
4848 AN ACT
4949 RELATING TO TAXATION; CREATING THE FOSTER PARENT INCOME TAX
5050 CREDIT.
5151 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5252 SECTION 1. A new section of the Income Tax Act is enacted
5353 to read:
5454 "[NEW MATERIAL] CREDIT--FOSTER PARENT INCOME TAX CREDIT.--
5555 A. A taxpayer who is a resident, who is not a
5656 dependent of another individual and who is a foster parent may
5757 claim a credit against the taxpayer's tax liability imposed
5858 pursuant to the Income Tax Act. The credit authorized pursuant
5959 to this section may be referred to as the "foster parent income
6060 tax credit".
6161 B. The amount of the tax credit shall be in an
6262 amount equal to one hundred dollars ($100) for each week and
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9090 for each child the taxpayer fosters in the taxable year in
9191 which the tax credit is claimed.
9292 C. A taxpayer shall apply for certification of
9393 eligibility for the tax credit from the children, youth and
9494 families department on forms and in the manner prescribed by
9595 that department. Except as provided in Subsection E of this
9696 section, only one tax credit shall be certified per taxpayer
9797 per taxable year. If the children, youth and families
9898 department determines that the taxpayer meets the requirements
9999 of this section, that department shall issue a dated
100100 certificate of eligibility to the taxpayer providing the amount
101101 of tax credit for which the taxpayer is eligible and the
102102 taxable years in which the credit may be claimed. The
103103 children, youth and families department shall provide the
104104 department with the certificates of eligibility issued pursuant
105105 to this subsection in an electronic format at regularly agreed
106106 upon intervals.
107107 D. That portion of the tax credit that exceeds a
108108 taxpayer's income tax liability in the taxable year in which
109109 the credit is claimed shall be refunded to the taxpayer.
110110 E. Married individuals filing separate returns for
111111 a taxable year for which they could have filed a joint return
112112 may each claim only one-half of the tax credit that would have
113113 been claimed on a joint return.
114114 F. A taxpayer allowed to claim a tax credit
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143143 pursuant to this section shall claim the tax credit in a manner
144144 required by the department. The credit shall be claimed within
145145 three taxable years of the end of the year in which the
146146 children, youth and families department certifies the credit.
147147 G. The credit provided by this section shall be
148148 included in the tax expenditure budget pursuant to Section
149149 7-1-84 NMSA 1978, including the total annual aggregate cost of
150150 the credit.
151151 H. As used in this section, "foster parent" means a
152152 person licensed or certified by the children, youth and
153153 families department or a child placement agency to provide care
154154 for children in the custody of the department or agency."
155155 SECTION 2. APPLICABILITY.--The provisions of this act
156156 apply to taxable years beginning on or after January 1, 2025.
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